Articles
Failure to Provide Reasonable Accommodations for Migraine Headaches Addressed by Federal Court
The complex issue of dealing with an employee’s medical condition under the Americans with Disabilities Act (ADA) ended up recently before a federal court judge who ruled that the plaintiff’s complaint had stated a claim for relief. The plaintiff alleged...
Remain in Good Standing: Annual Registration Report Filing Basics
All corporations who conduct business in the state of Missouri must file annual registration reports with the Missouri Secretary of State in order to remain in good standing. The requirement applies to nonprofit and for-profit corporations alike. It is not uncommon...
Heed Your Legal Counsel!
In a 2016 action brought under the Federal Trade Commission ("FTC") Act, the U.S. Ninth Circuit Court of Appeals was faced with a situation wherein a company offering a "free" online service included in the very fine print a negative option to enroll in, or should it...
It’s 5 a.m. and Snowing; Do You Have to Pay Your Employees Even if You Keep Your Business Closed?
*** We originally published this article in February 2013. Almost a year later, the Midwest is in the middle of another major winter storm, with more snow likely to come before spring arrives. Accordingly, this is a perfect opportunity to republish this time-sensitive...
Federal Judge Stops FLSA Overtime Rule From Going Into Effect Dec. 1
A federal district judge has issued an injunction that the U.S. Department of Labor’s final rule increasing the minimum salary level to qualify for “exempt” status under the FLSA will not take effect as scheduled for Dec. 1, 2016. Judge Amos Mazzant of the U.S....
Pesky Covenants: Good Governance and Good Neighbors
In any condominium or subdivision where restrictive covenants bind all owners in a common scheme, some owners will naturally dislike or complain about certain covenants and restrictions that they feel are unfair or should not apply, at least for that particular owner!...
Court Ruling Expected Soon On Challenge to FLSA New Salary Test
A ruling is expected to be issued soon from a United States District Judge of the United States District Court for the Eastern District of Texas concerning a legal challenge to planned implementation on December 1st of the new salary test under the Fair Labor...
FLSA Overtime Changes Complicate FMLA Leave
A tricky connection between the Family Medical Leave Act (FMLA) and overtime is just one more thing with which employers need to be aware with the change to the Fair Labor Standards Act (FLSA) salary test that takes effect December 1, 2016. Beginning in December, an...
U.S. Supreme Court Upholds $2.9 Million Verdict For “Donning and Doffing” Violation Under Fair Labor Standards Act
The U.S. Supreme Court recently upheld a class action decision in favor of employees who sought overtime pay for time spent “donning and doffing” protective gear at a pork processing plant, pursuant to the Fair Labor Standards Act (FLSA.) The employees at a Tyson...
Finding the Truth in Cyberspace: Is a Posting Opinion or Defamation?
There are over 1 billion websites on the World Wide Web today being accessed by over 3 billion internet users. The proliferation of cyberspace matters most when you or your company is the subject of a posting on a blog, online review or social media site. Some...
Homeowner’s Association’s Attempt to Terminate Contract Falls Short; Compliance with Specific Notice Provisions Required
Everyone has wanted to get out of a contract at some point. Some contracts contain provisions to terminate the contract as long as certain conditions are met. It is important to comply with these provisions when terminating a contract or a court may find that the...
Missouri Employers Required to Give Time-Off for Voting… Sometimes…
With the upcoming Presidential Election looming, some people may still be determining which candidate will get their vote, but others are more concerned with finding the time to actually get to the polls. Did you know that there are state laws that require employers...